JKM'I 
1117 



65th Congress "I 
1st Session / 



SENATE 



Document 
No. 33 



SENATE PRECEDENTS ON 
CONFERENCE REPORTS 



A STATEMENT 

OF THE ACTION OF THE SENATE ON CONFERENCE REPORTS 

TAKEN FROM "PRECEDENTS AND DECISIONS ON POINTS OF 

ORDER" COMPILED BY HENRY H. GILFRY 




PRESENTED BY MR. STONE 
May 17, 1917.— Ordered to be printed 



WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1917 






D* of D« 
MAY 25 191? 



is. 









'^ SENATE PRECEDENTS ON CONFERENCE REPORTS. 



GILFRY S PRECEDENTS. 

[Vol. 1, p. 292.] 

In the Nineteenth Congress, first session, May 19, 1826: 
The Senate instructed its conferees to agree to the House proposi- 
tion on the amendment of the Senate to the bill making appropria- 
tions for carrying into effect the treaty with the Creek Indians. (S. 
Jour., p. 372.) 

[Par. 28, pp. 293, 294.] 

In the Thirty-eighth Congress, second session (J., pp. 268-269, 
March 1, 1865): 

The Senate instructed its conferees in specific terms. (Cong. Globe, 
pp. 1225-1228, 1267; Cong. Globe, pp. 4246-4248. 

[Par. 30.] 

In the Fortv-second Congress, third session (J., pp. 554-557, Mar. 
3,1873): 

Motion to recommit with instructions held not to be in order. 
(P. 294.) 

[I'ar. 35, pp. 298-300.] 

General practice in the Senate is against instructions, although 
within the matter of this paragraph two instructions to conferees 
were given b}^ a vote of the Senate m each case. 

[Vol. I, pp. 347, 348, par. 103.] 

Motion to recommit with instructions held not to be m order. By 
a vote of the Senate to sustain the Chair that the motion to recoimuit 
with instructions was in order, tire yeas were 11, the nays 47. 

[Vol. 1, pp. 350, 351.] 

106. If one House has acted on a report, its managers thereby 
being discharged, the other House may not recommit the report to 
its managers. 

January 21, 1887. In the House of Representatives the confer- 
ence report on the interstate commerce bill was under discussion. 
Mr. Dunham, of Illinois, moved that the report be recommitted to 
the committee of conference. IVIi'. Hammond, of Georgia, raisecl a 
point of order that this acrion was not in order. Speaker Carlisle 
rided as follows: "At the last session of Coi.gress a committee of 
conferen.ce was appointed on the disagreeing votes of the two Houses 
on the bill known as the interstate commerce bill. That committee, 
as the House has been officially notified, has reported to the Senate, 
ancl its report has been agreed to by that body. After that action of 
the Senate, the report of the committee of conference was made to this 
body, and it is now before the House for consideration, and the pre- 
vious ciuestion has been ordered upon it. In the first place, a motion 
to recommit is a motion to recommit to the entire committee of confer- 
ence, as a matter of course, and not merely to the managers on the part 

3 



4 SENATE PEECEDENTS ON COISTFEEENCE REPORTS, 

of the House. But there is, in fact, no committee of conference on this 
bill now in existence. The whole committee having reported to the 
Senate, and the Senate having disposed of the report, the committee was 
dissolved, so far as the Senate is concerned, the general rule being that 
a select committee is dissolved by its report. Otherwise a select com- 
mittee once created would become of necessity a standing committee, 
and matters could be constantly referred to it, notwithstanding it had 
fully reported upon the particular matter which it was origin ally formed 
to consider. In addition to that the Chair is not aware of any 
parliamentary law or practice which authorizes the recommitment 
of a conference report. The consideration of conference reports is 
governed by different rules, in many respects, from all other legis- 
lative proceedings in the House. Such reports can not be laid on 
the table, as has been frequently decided, nor can they be amended, 
as has also been frequently decided; and the only question which 
can be taken upon them is to agree to them as an entirety or to 
postpone their consideration, for the obvious reason that a refusal 
to agree is of itself substantially equivalent to a commitment to 
another conference committee, the old one being dissolved by its 
report to the two Houses. The motion to recommit, therefoje, the 
Chair thinks is out of order." (See Cong. Kecord, 49th Cong., 2d 
sess., pp. 880, 881; H. J., 333, 334.) 

June 28, 1902. In the House of Representatives the conference 
report on the District of Columbia appropriation bill was under con- 
sideration. Mr. Pearre, of Maryland, arose to a parliamentary 
in(][uiry and asked if the report might be recommitted to the com- 
mittee of conference. Speaker Henderson rephed: "That would be 
in this case impossible, since the Senate has agreed to the report 
and their conferees are thereby discharged. The remedy is to vote 
the conference report up or down. If the report is voted down, 
consideration of the amendments will be in order." (See Cong. 
Record, 57th Cong., 1st sess., p. 7599; H. J., pp. 865-871.) 

[Vol. 2, par. 5, p. 119.] 

A motion to agree to the conference report first in order before en- 
tertaining a motion to recommit. 

In the Sixty-third Congress, second session, March 10, 1914: 

The Vice President (Mr. Marshall). The Chair is of the opinion, 
of course, that it is in order to recommit a conference report; but the 
Chair, as now constituted, is of the opmion that the original motion 
to agree to the conference report is first in order. This does not pre- 
vent its being sent back to conference if the original motion is not 
adopted. (Cong. Record., pp. 4590-4592.) 

11. A motion may be made to instruct the conferees on items in 
dispute, after the conference report has been agreed to. (Pp. 121, 122, 
June 24, 1914.) 

The Vice President (Mr. Marshall). Certain items in disagree- 
ment between the two Houses have been agreed to by the conferees; 
certain items, six of them, are still m dispute. As to the items that 
have been agreed to, there is not any question that the uniform rulings 
of the occupants of this chair have been that is the first motion that 
comes up, and that it is the duty of the Senate either to concur in or 
to refuse to concur in the items which have been agreed upon, and 
that must be as a whole. If the Senate refuses to concur they go back. 



SENATE PRECEDENTS ON CONFERENCE REPORTS. 5 

of course, for rcconsi(icration, and then it is possible for instructions 
to be given to the conferees by the Senate. After the (juestion of 
agreeing to the conference report has been determhietl by the Senate, 
then the motion of the Senator from Montana will be in order, to 
instruct the conferees with reference to the items that are yet in dis- 
pute between them. (Cong. Record, p. 12009.) 

12. A motion to recommit a conference report with instructions not 
in order. (Pp. 122, 123, Oct. 5, 1914.) 

Tlie Vice President (Mr. Marshall). The Chair, upon investiga- 
tion of the entire course of procedure in the Senate of the United 
States, has discovered that the Senate has done about everything 
with reference to conference reports. It has re referred them with 
instructions; it has reref erred them without instructions; it has laid 
them on the table; it has indefinitely postponed the consideration of 
such reports. Precedents could be found, the Chair thinks, for ruling 
upon either side of the question. Tlie Chair, however, believes the 
Senate of the United States voted for a full and free conference upon 
the question of this bill. To send it back to the committee with in- 
structions would not be a full and free conference. The Chair thmks 
that to send it back to the committee with such instructions would be 
simply to serve notice upon the House of Representatives and upon 
the conferees that the bill must be in certain particulars as the Senate 
of the United States has determined it should be or that there should 
be no bill. 

t it! * * * * * 

Tlie Chair desires to state that he does not believe that when the 
Senate has voted for a full and free conference it can return the bill 
to the conferees with instructions as to what they shall do touching 
an agreement between the two Houses. 

***** * 

By concurring in the conference report, if the Senate desires to 
concur in it, and if not, by rejectmg the conference report, where- 
upon the matter (after the long discussion) will go back to carry a 
full and free conference and the conferees will know the objections 
the Senate of the United States has to the conference report. (Cong. 
Record, p. 16167.) 

[P. 123, Oct. 5, 1914.1 

Mr. Reed. I make the motion now that the conference report be 
recommitted. 

Tlie Vice President (Mr. Marshall). The motion is before the 
Senate. 

vVfter some discussion. 

The Vice President (Mr. Marshall). The pending question was, 
of course, and has been for days, on agreeing to the conference 
report. The Senator from Missouri now moves to recommit the 
bill to the conferees. The Chair, in the course of a week, has ex- 
amined most of the decisions of the Senate of the United States upon 
the question. There have been some rulings against the recommittal 
of a conference report, but the great majority of the rulmgs are to 
the effect that if the Senate chooses so to do it can recomniit a con- 
ference report. The Chair holds the motion to recommit without 
instructions. to be in order. (P. 123; Cong. Record, p. 16168.) 

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